DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5331)

THE TRUSTEE FOR THE E&S REINFORCEMENT (QLD) TRUST T/A E&S REINFORCEMENT (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of The Trustee for the E&S Reinforcement (QLD) Trust T/A E&S Reinforcement (QLD) and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for the E&S Reinforcement (QLD) Trust T/A E&S Reinforcement (QLD) and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the The Trustee for the E&S Reinforcement (QLD) Trust T/A E&S Reinforcement (QLD) and CFMEU Union Collective Agreement 2015-2019. This application followed a dispute regarding the terms and conditions of employment within the specified industry sectors. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement adequately satisfied the criteria for approval as stipulated under the Fair Work Act. Specifically, the Commission had to examine if the agreement provided for the proper balance of rights and obligations between employers and employees, and if it adhered to the provisions concerning minimum entitlements, dispute resolution mechanisms, and other regulatory standards. Additionally, the Commission considered whether the agreement appropriately reflected the needs and interests of the parties involved, particularly the employees.

In deliberating the matter, the Commission evaluated the comprehensive terms of the agreement, taking into account its alignment with the legislative framework and the broader principles of industrial fairness. The Commission noted that the agreement provided for clear and fair terms regarding wages, conditions of employment, and dispute resolution processes. It concluded that the agreement met all the statutory requirements for approval, ensuring that it safeguarded the rights and interests of employees while maintaining a fair balance with the interests of employers. The Commission approved the agreement, affirming its compliance with the necessary legal standards.

The final orders of the Commission were that the The Trustee for the E&S Reinforcement (QLD) Trust T/A E&S Reinforcement (QLD) and CFMEU Union Collective Agreement 2015-2019 be approved and registered under the Fair Work Act. This decision underscored the importance of collective bargaining in achieving fair and equitable employment terms while adhering to the statutory requirements for such agreements.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established